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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of equine dental technicians; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.045 to read as follows: |
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Sec. 12.045. REGISTRATION OF EQUINE DENTAL TECHNICIAN. (a) |
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In this section: |
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(1) "Equine dental technician" means a person who |
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performs tooth floating. |
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(2) "Tooth floating" means the performance of a dental |
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procedure on bovine, equine, porcine, or other livestock, without |
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the administration of a sedative, tranquilizer, or general |
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anesthetic that is available only by prescription, to: |
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(A) remove enamel points; |
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(B) smooth, contour, or level incisors or dental |
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arcades; or |
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(C) extract deciduous or vestigial teeth. |
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(b) The department by rule shall establish: |
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(1) a registration program for equine dental |
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technicians; |
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(2) qualifications for registration as an equine |
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dental technician; |
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(3) reasonable fees for an applicant for registration; |
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and |
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(4) standards of practice for an equine dental |
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technician, including standards to ensure the health, safety, and |
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welfare of animals under the care of an equine dental technician. |
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(c) A person may not perform or offer to perform tooth |
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floating unless the person is: |
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(1) registered under this section; or |
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(2) a veterinarian licensed under Chapter 801, |
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Occupations Code. |
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(d) A person who violates this section or a rule adopted by |
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the department under this section is liable for a civil penalty not |
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to exceed $1,000 for each occurrence. At the request of the |
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commissioner, the attorney general shall bring an action to recover |
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a civil penalty authorized by this section. |
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(e) If it appears to the department that a person is |
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engaging in tooth floating without complying with this section, the |
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commissioner, after notice and opportunity for a hearing, may issue |
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a cease and desist order prohibiting the person from engaging in the |
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activity. |
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SECTION 2. Not later than December 1, 2011, the Department |
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of Agriculture shall adopt rules to implement Section 12.045, |
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Agriculture Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |